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EEOC upholds Administrative Judge’s finding of no disability discrimination. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability. At issue was the Agency’s deduction of 16 hours of accrued annual leave for an on-the-job injury. Following the initial investigation, the Complainant requested a hearing before an Equal Employment Opportunity Commission (EEOC) the Administrative Judge (AJ).  The AJ issued a decision finding no discrimination finding that Complainant failed to establish a prima facie case of discrimination because the Complainant’s back injury was temporary in nature and did not substantially limit a major life activity. The Agency issued a Final Agency Decision (FAD) concurring with the AJ’s findings, and Complainant appealed to the EEOC’s Office of Federal Operations (OFO).

On appeal, the OFO held that even assuming Complainant was a qualified individual with a disability, he failed to establish a prima facie case of discrimination because the circumstances did not yield an inference of discrimination. Complainant’s annual leave was credited 16 hours in accordance with the agency policies, and Complainant was unable to show that the Agency’s reasons were pretextual. The OFO affirmed the Agency’s FAD finding no discrimination.

Mark G. Zysk v. U.S. Postal Service, EEOC Appeal No. 01980116 (August 28, 2000) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01980116.txt